Legal defense services.

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A. The Secretary, members and alternate members of the State Election Board and all persons employed within the organizational framework of the State Election Board shall be entitled to free defense services by the Attorney General in any civil suit resulting from alleged acts or omissions which the Attorney General has determined to have occurred within the scope of or arising out of the official duties performed by these persons in behalf of the State Election Board and the state.

B. All members and alternate members of county election boards and all persons employed or appointed within the organizational framework of county election boards, including members of absentee voting boards, counters and precinct officials, shall be entitled to free defense services by the district attorney in any civil suit resulting from alleged acts or omissions which the district attorney has determined to have occurred within the scope of or arising out of the official duties performed by these persons in behalf of the county election board, the county and the state.

C. The fact that the Attorney General or district attorney omits to provide such defense as provided within this section shall not be admissible in any such civil suit and any mention of such fact shall be deemed grounds for mistrial.

Added by Laws 1976, c. 90, § 6, emerg. eff. May 6, 1976. Amended by Laws 1994, c. 260, § 2, eff. Jan. 1, 1995; Laws 2019, c. 491, § 12, eff. Nov. 1, 2019.


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